1 2025:CGHC:18127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3044 of 2025 Jaisurya Prasad S/o Golaram Aged About 21 Years R/o Village Chandniya, P.S. Baloda, District Janjgir-Champa (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Though - Station House Officer, Police Station Seepat, District Bilaspur (C.G.) ... Respondent For Applicant : Shri Ravipal Maheshwari, Advocate. For Respondent/State : Mrs. Subha Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.439/2024 registered at Police Station Seepat, District- Bilaspur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.24 16:01:07 +0530 2 (C.G.) for the offence punishable under Sections 309 (4) and 310 (2) of B.N.S. 3. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia that on the date of incident 11.09.2024 when the complainant kept his vehicle bearing registration no. CG. M.P. 18ZC 3368 at near Hardi Bazar Ambedkar Chowk for rent and at that time one unknown person came and has done with the complainant for said vehicle for rent by consideration amount of Rs. 1000/- and thereafter, the complainant carried his vehicle by loading Cement of 5 bori and when he reached at about 7.30 O'clock then 3-4 unknown persons came there and moreover the unknowns person using filthy language looted mobile, cash amount of Rs. 220/ and said vehicle from the complainant. Based upon the such complaint, the police has registered against the accused persons and applicant for the offence u/s 309 (4) and 310 (2) of B.N.S 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would further submit that co-accused persons namely Rishhi Patle & Janu Prasad have been granted regular bail by this Court vide MCRC No.7554/2024 on 12/12/2024, Nagraj Patle have been granted regular bail by this Court vide MCRC No.7668/2024 on 12/12/2024 and Sumit Kumar Miri has been granted regular bail by this Court vide MCRC No.122/2025 on 9/01/2025. He submits that the applicant is in jail since 5/03/2025. Therefore, he prays for grant of bail to the applicant on the ground of parity. 5. On the other hand, learned State Counsel opposes the bail application. 3 She would submit that charge sheet has been filed in this case and there is no previous criminal antecedent against the present applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, also considering the fact that co-accused persons namely Rishhi Patle & Janu Prasad have been granted regular bail by this Court vide MCRC No.7554/2024 on 12/12/2024, Nagraj Patle have been granted regular bail by this Court vide MCRC No.7668/2024 on 12/12/2024 and Sumit Kumar Miri has been granted regular bail by this Court vide MCRC No.122/2025 on 9/01/2025, there is no previous criminal antecedent against the present applicant, charge sheet has been filed, period of detention of the applicant since 05/03/2025 and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 8. Let the Applicant-Jaisurya Prasad, involved in Crime No.439/2024 registered at Police Station Seepat, District- Bilaspur (C.G.) for the offence punishable under Sections 309 (4) and 310 (2) of B.N.S, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 4 (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri